Class Action Lawsuits

Consumers are bombarded by fraud and predatory business practices each and every day. They are cheated out of their money by companies that sell them a false bill of goods, charge illegal fees, discriminate against them, steal their private data—the examples are limitless. And the odds are stacked against them. Unlike powerful businesses, the everyday person does not have a highly-paid legal team waiting at their beck and call. The average consumer likewise does not have access to the extensive funding needed to wage a legal war.    

The situation can seem hopeless. But it is not.

The solution is the class action lawsuit. A class action is often the single most important tool consumers have to curb fraudulent, unfair, and unlawful business practices.  Newsome Melton’s class action lawyers are dedicated to harnessing this legal tool, along with our firm’s institutional expertise, talents, and resources, to even the playing field and protect consumer rights.  l

What is a Class Action Lawsuit?

A “class action” is a case brought by one or more people on behalf of themselves and all other people who suffered the same basic type of harm. In other words, the person bringing the class action lawsuit is stepping up on behalf of a group of people who have been hurt by the same companies or individuals and attempting to right the wrong for all of those who were harmed.  

The point of the class action is to resolve a dispute that affects dozens, hundreds, thousands, or even millions of people in one single case. It’s better for our legal system to approach a widespread problem in this way. Doing so enables consumers to have their day in court without overwhelming our legal system. The alternatives would be to have tons of individual cases that would have to be separately adjudicated, or consumers being denied a chance to vindicate their rights altogether.

The person leading the class action is called the “class representative.” To obtain this position, the court must first grant “class certification”—basically, a court order specifying that the plaintiff has the right to represent all other similarly situated persons. With that order in place, the plaintiff is then able to seek a variety of judicial remedies to help right the defendant’s wrongs, including:

  • Monetary damages, which may come in various forms such as a return of the amount of money consumers spent purchasing an item, statutory penalties, and punitive damages
  • Injunctive relief, which is a court-entered judgment requiring a company or individual to either do something or refrain from doing something, with examples ranging from conducting recalls of dangerous products through stopping deceptive marketing
  • Declaratory relief, which is a court-entered judgment stating that certain legal rights or duties exist or were violated by the defendant

The items listed above are a few examples of what can be achieved through a class action. The law is flexible, though, and allows for remedies to be tailored based on specific case facts. Experienced class action lawyers are able to comb through the law and identify the potential legal remedies that may be available to curtail particular types of business misconduct.

Class actions cover a huge range of business misconduct.

The term “class action” refers to the way a lawsuit is brought. In other words, a class action is a legal procedure. That procedure, in turn, can be used to bring many different types of legal claims. The key issue is whether the same basic misconduct harmed many people.

Examples of the types of corporate misconduct which can be the subject of a class action lawsuit include:

  • Selling defective automobiles without disclosing the defect to consumers
  • Allowing consumer’s private information, bank accounts, or other sensitive data to be unlawfully acquired, also known as a “data breach”
  • Violating do-not-call registries or engaging in spoof-calling to inundate consumers with annoying, unsolicited sales pitches
  • Charging excessive interest rates or failing to disclose hidden fees
  • Employment disputes, including for wage and hour violations, discrimination, or harassment
  • Violating securities or commodities laws

Again, the types of claims described above are just examples. Each business practice must be analyzed on its own merits to determine whether and what type of legal claims may be available. An experienced class action lawyer can look at an individual practice and then identify the available claims.

Innovative cases and meaningful results.

Class actions have the capability to affect change at the national and international levels. And they can fill a huge gap to help bolster regulatory oversight and reign in misconduct in both traditional and emerging markets. The critical role served by class actions is what brought us into this practice area. Over the past several decades, our firm has been at the helm of innovative and impactful class actions.

For example, our firm filed a previously unprecedented case to address a company that was notorious for “gold farming” in World of Warcraft, an online roleplaying game. Gold farming involves paying low-wage workers (often overseas) to do repetitive, boring tasks in the game to generate virtual “gold” and then selling that virtual gold for real world money. The practice hugely impacted the game’s economy, ruining the experience for those who played by the rules. This lawsuit helped pave the way for what was at the time a new legal field addressing online misconduct. It also foretold of the modern wave of cryptocurrency litigation, which similarly involves the manipulation of virtual money.

We were also on the litigation team that successfully pursued a class action against Nissan for the sale of 2013-2014 Nissan Pathfinders and Infiniti QX60s with continuously variable transmissions (“CVTs”) which allegedly suffered performance problems. Through that case, we were able to help secure a nationwide class action settlement that resulted in relief for all affected owners and included, among other things, extended warranties to help prevent those owners from having to pay for needed repairs.

Call 888-221-5316 to Schedule a Free Case Evaluation With our Class Action Lawyer in Orlando

You do not have to take on a big company all by yourself. Please give us a call if you think you have been subjected to an unfair business practice. We’ll be happy to consult with you, free of charge, and help determine whether you may be able to pursue a class action to make the defendant do the right thing—both for you and for the other people the company has harmed.

Before opting into a class action claim, get a free case evaluation from a Newsome Melton attorney, we are experienced class action lawyers. We can advise you of your options and let you know if you might be better off pursuing litigation on your own. To schedule a free case evaluation, call 888-221-5316 today.,